Chapter V
IMPLEMENTATION
Article 76. Implementation
1. The Ministry of Construction
a) Be in charge of state management of scope of regulation of this Decree. Provide guidance on and inspect implementation of this Decree of relevant Ministries, agencies or organizations.
b) Direct and inspect their agencies in charge of project appraisal, basic design, design, construction estimate of civil constructions, light industry Works, building materials Works, technical infrastructure and transportation Works in urban areas (excluding urban area railways, bridges, and urban area highways).
2. Ministries in charge of field-based Works shall direct and inspect the project appraisal, basic design, design, and construction estimate of the field-based Works under management of construction authorities below:
a) Transport works under management of the Ministry of Transport (excluding works under management of the Ministry of Construction prescribed in Point b, Clause 1 of this Article);
b) Agriculture and rural development works under management of the Ministry of Agriculture and Rural Development;
c) Mining or petroleum works, power plants, power transmission lines, electrical substations and field-based industrial Works (excluding light industry Works) under management of the Ministry of Industry and Trade;
d) National defense and security works under management of the Ministry of National Defense or the Ministry of Public Security.
3. The Ministry of Finance shall provide guidance on fees and charges for: project appraisal; basic design appraisal; design appraisal, construction estimate; issuance of construction operating license to foreign contractors, issuance of construction practice licenses; examination for issuance of certificates of eligibility for construction activities; insurance for construction activities; accounting policies and funding use of PMB.
4. The Ministry of Planning and Investment must provide guidance on supervision and evaluation of construction project funded by public investment capital; and operation of the state appraisal council of construction projects.
5. The People’s Committees of central-affiliated cities and provinces shall carry out state management of scope of regulation of this Decree in the provinces; decide project appraisal, basic design and design, construction estimate of Works within their competence; direct and inspect Services of field-based Works in terms of project appraisal, basic design, design, construction estimate of the field-based Works, in particular:
a) Civil constructions, light industry Works, building materials Works, technical infrastructure and transport Works in urban areas (excluding urban area railways, bridges, and urban area highways) under management of Services of Construction.
b) Transport works under management of the Services of Transport (excluding works under management of the Services of Construction prescribed in Point a of this Clause);
c) Agriculture and rural development works under management of Services of Agriculture and Rural development;
d) Mining or petroleum works, power plants, power transmission lines, electrical substations and field-based industrial Works under management of Services of Industry and Trade.
6. The People’s Committees of districts shall carry out state management of regulations of this Decree in the districts; direct and inspect the offices in charge of construction management in terms of project appraisal, design, and construction estimate of Works under management of the People’s Committees of the provinces.
7. Ministries, agencies, People’s Committees of central-affiliated cities and provinces, economic groups, and state-owned general companies shall establish and re-organize field-based PMBs, area-based PMBs in order to manage construction projects funded by government budget capital, capital derived from loans, bonds, funds, etc under their management as prescribed in this Decree. Any guiding document on this Decree may only be issued by the Ministry of Construction.
8. Ministries in charge of field-based PMBs, the People’s Committees of central-affiliated cities and provinces, economic groups, state-owned general companies shall send quarterly reports on project appraisal, design and construction estimate to the Ministry of Construction. The report forms shall be used as prescribed by the Ministry of Construction.
Article 77. Transitional provisions
1. Any basic design document that is submitted to competent agencies and any construction design that is submitted to construction authorities for assessment before January 1, 2015 shall keep complying with the Law on Construction dated 2003. Any approval for adjustments to project or design that is issued after January 1, 2015 shall comply with the Law on Construction dated 2014.
2. Every Works that are commenced before January 1, 2015 and exempt from construction permit shall keep executing. If there is any construction work that has been not commenced and subject to construction permit, the application for construction permit is required as prescribed in this Decree.
3. Licenses for construction practice issued by competent agencies shall be kept using until they expire, these practice licenses may be converted before their expiry dates as prescribed in this Decree. After March 1, 2016, procedures for application for the practice licenses shall be followed as prescribed in this Decree.
4. Every training organizations in construction activities certified by the Ministry of Construction may keep operating. After January 1, 2016, any training organization wishes to provide training courses shall apply for certificate and announce on the website of the Ministry of Construction as prescribed in this Decree.
5. Every participating organizations prescribed in the Law on Construction dated 2014 that are required certificates of eligibility for construction activities must have those licenses before March 1, 2016 as prescribed in this Decree.
Article 78. Effect
1. This Decree takes effect from August 5, 2015 and replaces Decree No. 12/2009/ND-CP dated February 12, 2009 of the Government on construction project management; Decree No. 83/2009/ND-CP dated October 15, 2009 on amendments to Decree No. 12/2009/ND-CP dated February 12, 2009 of the Government on construction project management; Decree No. 64/2012/ND-CP dated September 4, 2012 of the Government on construction permit issuance; regulations on design assessment prescribed in Decree No. 15/2013/ND-CP dated February 6, 2013 of the Government on construction quality management; Decree No. 71/2005/ND-CP dated June 6, 2005 of the Government on particular construction work management; regulations of Section 1 Chapter II of Decree No. 37/2010/ND-CP dated April 7, 2010 on formulation, appraisal, approval and management of urban planning; Decision No. 87/2004/QD-Tag dated May 19, 2004 of the Prime Minister on issuance of Regulations of management of foreign contractor operation in Vietnam; Decision No. 03/2012/QD-Tag dated January 16, 2012 of the Prime Minister on amendments to Regulations of management of foreign contractor operation in Vietnam issued together with Decision No. 87/2004/QD-Tag; Decision No. 39/2005/QD-Tag dated February 28, 2005 of the Prime Minister on guidelines for Article 121 of the Law on Construction. Every regulation of the Government, Ministries, ministerial-level agencies and local governments in contrary to this Decree shall be annulled.
2. The Minister of Construction is responsible for guidance and implementation of this Decree./.
Tìm kiếm
Nghị định 59/2015/NĐ-CP (Bản Word)
Nghị định 59/2015/NĐ-CP (Bản Pdf)